Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11911
SECOND DIVISION Docket No. 11783-I
90-2-89-2-101
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Samuel L. Pace
PARTIES TO DISPUTE:
(Norfolk Southern Corporation (Southern Railway Company)
STATEMENT OF CLAIM:
Notification of intention to file ex parte submission involving claim
of Cayman S. L. Pace. That under an Agreement signed March 9, 1981, Cayman
S. L. Pace, Birmingham, Alabama, was granted full seniority. That accordingly, the Carrier be ordered to allow Cayman Pace four (4) weeks vacation in
1988.
FINDINGS:
The Second Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On March 9, 1981, Claimant entered into an Agreement, negotiated by
the Equal Employment Opportunity Commission, which restored him to his former
position as a Cayman with Carrier with full seniority. Claimant returned to
service and fifteen months after the Agreement was made, June 4, 1982, requested that he be granted three weeks vacation, instead of the two weeks
allowed, during calendar year 1982. This request was rejected on the basis
that Claimant had only six qualifying years of service for vacation purposes.
Carrier's rejection was accepted, without appeal.
On March 22, 1988, the instant Claim was originated. Claimant's
Union requested that he be granted the four weeks vacation which goes with his
seniority. This matter was rejected on the basis that Claimant lacked sufficient qualifying years of service for four weeks vacation.
From 1 Award No. 11911
Page 2 Docket No. 11783-I
90-2-89-2-101
We find the rejection to be correct. Notwithstanding that Claimant
may have a certain seniority date, such date is not the basis on which eligibility or length of vacation entitlement is based. The December 17, 1941
National Vacation Agreement, as amended, requires that employees render compensated service of not less than 100 days during a calendar year to have that
year counted as a vacation qualifying year. When an employee does not meet
minimum compensated service requirements in a particular calendar year that
year cannot be used in determining vacation length and eligibility.
From the facts before us it is obvious that Claimant did not work the
required number of compensated days in five years. His payroll records indicate that he did not qualify for a vacation in 1976, working only 59 days;
1977, working only 39 days; and, 1978, 1979 and 1980 in which no days were
worked. Accordingly, his request for four weeks vacation in 1988 is not supported by the Agreement because Claimant had an insufficient number of qualifying years.
The Claim will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
0*0
Attest: _
Nancy J.,IExecutive Secretary
Dated at Chicago, Illinois, this 1st day of August 1990.